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Showing contexts for: transitional provision in Union Of India And Ors vs Filip Tiago De Gama Of Vedem Vasco De Gama on 30 November, 1989Matching Fragments
"23(2) In addition to the market value of the land, as above provided, the Court shall in every case award a sum of (thirty per centum) on such market value, in consideration of the compulsory nature of the acquisition."
The question herein is whether the higher solatium is attracted to the present case. Section 23(2) has been given limited retrospectivity by supplying transitional provisions under section 30(2). Section 30(2) reads:
"30. Transitional provisions:
Counsel for the appellant on the aforesaid facts rules out the applicability of section 30(2) in the first place. Secondly, he also ruled out the applicability of section 23(2). The first contention was based on the plain terms of Section 30(2) and the second on the ground that section 23(2) with its isolated splendour is not retrospective in operation. He thus submitted that the claimant's case could not be saved for higher solatium either under Transitional Provisions or by amended Section 23(2) of the Act and it was gone both ways.
This in effect is the result of the plain meaning rule of interpreting Section 30(2) of the Amending Act 68 of 1984. But then, it would seem very odd indeed and anomalous too to exclude the present case from the operation of sec- tion 30(2). Section 30(2) is the Transitional Provisions. The purpose of incorporating Transitional Provi- sions in any Act or amendment is to clarify as to when and how the operative parts of the enactments are to take ef- fect. The Transitional Provisions generally are intended to take care of the events during the period of transition. Mr. Francis Bennion in his book on Statutory Interpretation (14 Edition, p. 442) outlines the purpose of such provisions:
"189. Transitional Provisions Where an Act contains substantive, amending or repealing enactments, it commonly also in- cludes transitional provisions which regulates the coming into operation of those enactments and modify their effect during the period of transition. Where an Act fails to include such provisions expressly, the Court is required to draw such inferences as to the intended tran- sitional arrangements as, in the light of the interpretative criteria, it considers Parlia- ment to have intended."